ANEES UDDIN Vs. WAQF ALAL KHAIR

JUDGEMENT

(1.) The aforementioned petitions are being heard together at the admission stage without calling for counter affidavit on the consent of the parties. The facts and law involved are common.

(2.) The facts of Civil Misc. Petition No. 7658 of 2015 (Anees Uddin vs. Waqf Alal Khair) is taken to be the leading petition.

(3.) The respondent/plaintiff a waqf, instituted a suit before the Small Causes Court at Meerut being SCC Suit No. 83 of 2012 against the applicant/tenant for eviction, damages and arrears of rent. The applicant contested by filing a written statement categorically stating that the provisions of Uttar Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction), Act 1972(Act 13 of 1972) would not be applicable upon waqf property, therefore, the suit was barred by Section 20(1) of Act 13 of 1972 read with Order 7 Rule 11 CPC. The trial Court by order dated 19 February 2015 dismissed the application (29-C) filed under Order 7 Rule 11 holding that the suit was maintainable and the provisions of Act No. 13 of 1972 would not apply as the disputed premises being waqf property would thus be barred in view of Section 2(1)(bbb). Aggrieved, applicant preferred a revision under Section 25 of the Provincial Small Causes Act, 1887, being SCC Revision No. 5 of 2015 which was dismissed on 9 November 2015 affirming the order of the trial court. The aforementioned orders are being assailed in a petition under Article 227 of the Constitution.